Austin: Require Landlords to Disclose Smoking Pasts of Rental Homes
The Issue
The dangers of smoking and secondhand smoke are commonly known, but there is a third type of smoke, thirdhand smoke, that most of us do not realize. Thirdhand smoke is residual nicotine and other chemicals left on indoor surfaces by tobacco smoke, and can be a cause of cancer and DNA damage, as well as react with dust and other indoor chemicals to create carcinogens. It is especially harmful to developing children, and can remain for weeks, months, or even years.
As a student at UT Austin, I have lived in many West Campus apartments, and most management companies did not allow me to see the unit in person before signing the lease. In 2017, I signed a lease for an expensive 2 bedroom unit. We could not see the exact unit, so we had to trust that it would be clean and in good condition upon move in. When that day came, I was surprised to find that the apartment reeked of cigarettes. After a cleaning service and many maintenance requests, the smell still remained, but since we had signed a lease and no laws include a lack of cigarette smell in housing rights, there was nothing we could do. Throughout the semester I lived in the apartment, my allergies and cough were so bad I was prescribed medications for asthma and given an inhaler. Nothing worked to help me, and I had to break the lease and sublease for the rest of the year, losing lots of money and creating a lot of stress, not to mention the permanent effects it has had on my health.
In Austin, Texas, the issue of thirdhand smoke is increasing as the number of renters in the city grows larger than homeowners. In most rental units, the turnover rate is quick, and when previous tenants smoke, new residents who move in are negatively affected by the remaining smoke residue. One study by Sleiman et. al. found that thirdhand smoke accumulated in smokers' homes and remained even after the homes had been vacant for two months and were cleaned and prepared for new residents.
In Texas, the adult smoking rate is a little over 14%, however the CDC reports that 39% of Travis County residents between the ages of 18 and 29 are smokers, which also happens to be when most people rent. A study by Schuster et. al. concluded that regular smoking by residents occurs in 32% of homes with children, and in 6% of homes with non smoking residents, visitors regularly smoke indoors. They also found that among respondents who smoke and live with children, 85% admitted that regular smoking occurs inside their homes. We can only assume this number is higher for households without children.
Because many complexes show only a model unit, renters do not know the state of their actual unit when they sign a lease, especially if the apartment has been smoked in and has a cigarette smell. Many times, renters do not find out until they move in to the apartment and are forced to live in unhealthy conditions. If they want to leave, they face the fines and consequences of breaking a lease.
Landlords have a requirement to provide "safe" housing for tenants, and the presence of thirdhand smoke is definitely unsafe. Because people live in the apartments year round, it is not possible to always see a unit in person, so apartments should be required to disclose the smoking habits of previous renters, as well as provide full transparency on the state of the unit before prospective tenants sign a lease.
Further resources and information on the dangers of thirdhand smoke can be found below:
https://health.clevelandclinic.org/5-things-you-should-know-about-the-risks-of-thirdhand-smoke/
https://www.neha.org/eh-topics/air-quality-0/third-hand-smoke
The Issue
The dangers of smoking and secondhand smoke are commonly known, but there is a third type of smoke, thirdhand smoke, that most of us do not realize. Thirdhand smoke is residual nicotine and other chemicals left on indoor surfaces by tobacco smoke, and can be a cause of cancer and DNA damage, as well as react with dust and other indoor chemicals to create carcinogens. It is especially harmful to developing children, and can remain for weeks, months, or even years.
As a student at UT Austin, I have lived in many West Campus apartments, and most management companies did not allow me to see the unit in person before signing the lease. In 2017, I signed a lease for an expensive 2 bedroom unit. We could not see the exact unit, so we had to trust that it would be clean and in good condition upon move in. When that day came, I was surprised to find that the apartment reeked of cigarettes. After a cleaning service and many maintenance requests, the smell still remained, but since we had signed a lease and no laws include a lack of cigarette smell in housing rights, there was nothing we could do. Throughout the semester I lived in the apartment, my allergies and cough were so bad I was prescribed medications for asthma and given an inhaler. Nothing worked to help me, and I had to break the lease and sublease for the rest of the year, losing lots of money and creating a lot of stress, not to mention the permanent effects it has had on my health.
In Austin, Texas, the issue of thirdhand smoke is increasing as the number of renters in the city grows larger than homeowners. In most rental units, the turnover rate is quick, and when previous tenants smoke, new residents who move in are negatively affected by the remaining smoke residue. One study by Sleiman et. al. found that thirdhand smoke accumulated in smokers' homes and remained even after the homes had been vacant for two months and were cleaned and prepared for new residents.
In Texas, the adult smoking rate is a little over 14%, however the CDC reports that 39% of Travis County residents between the ages of 18 and 29 are smokers, which also happens to be when most people rent. A study by Schuster et. al. concluded that regular smoking by residents occurs in 32% of homes with children, and in 6% of homes with non smoking residents, visitors regularly smoke indoors. They also found that among respondents who smoke and live with children, 85% admitted that regular smoking occurs inside their homes. We can only assume this number is higher for households without children.
Because many complexes show only a model unit, renters do not know the state of their actual unit when they sign a lease, especially if the apartment has been smoked in and has a cigarette smell. Many times, renters do not find out until they move in to the apartment and are forced to live in unhealthy conditions. If they want to leave, they face the fines and consequences of breaking a lease.
Landlords have a requirement to provide "safe" housing for tenants, and the presence of thirdhand smoke is definitely unsafe. Because people live in the apartments year round, it is not possible to always see a unit in person, so apartments should be required to disclose the smoking habits of previous renters, as well as provide full transparency on the state of the unit before prospective tenants sign a lease.
Further resources and information on the dangers of thirdhand smoke can be found below:
https://health.clevelandclinic.org/5-things-you-should-know-about-the-risks-of-thirdhand-smoke/
https://www.neha.org/eh-topics/air-quality-0/third-hand-smoke
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Petition created on March 27, 2019